A Claremont, New Hampshire man who has been charged in an alleged revenge porn incident is asking for his cell phone to be returned, reports the Union Leader.
According to the report, 43-year-old Chad Boardman was prepared to go to trial back in February for two counts of dissemination of private sexual images until the state of NH filed a nolle prosequi motion on the charges. Justin Hersh, the Assistant Sullivan County Attorney, told the court that contact with the alleged victim had ended.
Boardman, who allegedly used his Samsung to send sexual images to the alleged victim on Facebook’s messenger app, was in Sullivan County Superior Court this week requesting he have his phone returned. Hersh refused to release the phone, stating that it could be considered contraband under law, and due to the fact that it could become evidence if the state renewed the charges. Hersh wrote, “The statute of limitations has not expired in this case; the case may be revived at any point during the period of limitations, and Mr. Boardman’s cellular device may be relied upon as evidence at any future criminal proceeding, subject to the period of limitations.”
Boardman has attempted to argue that the posting of the photos was protected under his First Amendment rights.
WNTK Local News 